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From jaapv:

It seems I should make a few things clear:

This is a private forum, the rules are set by the owner, the moderators enforce them.

Being civil is one of those rules; you fall sadly short.

Images presented should be the work of the member posting them and made with Leica equipment. Yours was not.

That means that the decision to remove it was correct.

So abide by the rules and mores of the forum or move on.

 

I have already advised I will move on.

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Hi John,

 

I agree that copyright law is clear and should be enforced.

However copyright expires after fifty years including in Germany.

Furthermore the Fiat photograph was not used for commercial purposes.

I suggest the lawyers for this Forum are consulted.

End of discussion.

 

"Beam me up Scotty, there is no intelligent live down here".

Sorry, but I have to correct you:

 

This forum is running under German Law.

And according the German Copyright Law the copyright lasts 70 years - not after the creation but 70 years after the death of the author / photographer (post mortem auctoris).

 

We as moderators are open to criticism and we are happy to correct ourselves and to apologize.

But please keep a civil tone and refrain from insulting moderators doing their job (as volunteers BTW)

 

Andreas

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Dear Andreas,

The photograph, the subject of this dispute, was taken by an Italian photographer for Fiat an Italian company.

I assume he assigned his copyright in the photograph to Fiat pursuant to his contract.

Accordingly the photograph is governed by 1963 Italian law and has nothing to do with German law then or now.

Furthermore in posting the photograph I was not doing so for commercial purposes.

I can accept the Rules of the Forum even if they are not consistent with the law, however I found the high handed rudeness of the moderators offensive.

A civilised man would have contacted me and asked me to remove the photograph which I would have done even if I didn't agree with the direction.

As ordered by the moderator I am now "moving on" and will post no further.

Mit Grüß aus Melbourne.

Hektor

Edited by hektor
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Dear Hektor,

 

we as moderators are not perfect.

And as I said - we are open to criticism and happy to discuss how communication could have run better.

Calling us idiots is not a good start in such a discussion.

 

And I (not a lawyer) have to tell you (as „As a lawyer who was awarded honours in copyright law“) that European copyright is different from US / UK / anglo-saxon law:

  • We have no such thing as „fair use“ allowing us to use copyrighted material for non-commercial purposes
  • We have difference between „Urheberrecht“ (which can only be inherited not sold) and „Nutzungsrechte“
  • Italian and German copyright laws are pretty similar (harmonizing by the EU)
  • Italian copyright seems to have a 56 protection period pma (after the photographer has died)

Sorry if I'm not so relaxed regarding copyright questions:

As I'm responsible for this forum and the only one available to legal trouble, I have to make sure that I don't violate German / EU law.

 

Andreas

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I'm going to have to pass - anyone else can step in.

 

Here's the next puzzle photographed at a recent classic car show:

 

 

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Marque, model and year please

 

Good luck

 

dunk 

Edited by dkCambridgeshire
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On the right track Stuart 

 

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dunk 

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The speedometer suggests General Motors, and the power windows (not vent wings) and remote control for the left outside mirror suggest not one of the lower end brands. Tthe deep dish of the steering wheel and the padded upper dash suggests late '50s/early '60s.

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Another clue 

 

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dunk 

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You are correct Stuart … photographed at the recent Bourne Classic Car Show 

 

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… 1963 Cadillac De Ville Sedan 6.9 litre 

 

Your turn 

 

best wishes

 

dunk 

Edited by dkCambridgeshire
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Yikes - So over the top.  One of my friends in junior high school and high school had a father who was the lead lawyer for the New Jersey Mafia, who would buy a new Cadillac every year.  I think a family of itinerants could live in its boot.  What I liked about riding in that car was the fragrance of the leather upholstery.

 

For his 17th birthday (the driving age in New jersey) he asked for (and received) a Pontiac Grand Prix, mainly because the back seat's vinyl would be so easy to wipe off - He was by far the youngest in my acquaintances to lose his virginity, with his first cousin, on his aunt's living room clear vinyl couch.  That may be one of the reasons we always washed our hands after shaking hands with him.  He eventually became a proctologist, but that's a story for another day.

 

Let's try this one, which though on my site is not in any of the places some of the players of this game have found:

 

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Well done, Andreas. Your turn

 

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